HomeMy WebLinkAbout1988 01-14 PCP Planning Commission Information Sheet
Application No. 87028
Applicant: K and K Sales
Location: 4800 N. Lilac Drive
Request: Preliminary R.L.S.
The applicant requests preliminary R.L.S. approval to resubdivide the old Cook
Paint property and the Omni Tool property into two new tracts of land, accomplishing
the transfer of approximately an acre of land to the Omni Tool site. The land in
question is zoned I-2 and is bounded on the north by Thompson Lumber, on the east by
Bergmann Machine Works, on the south by 48th Avenue North, and on the west by Highway
100. This application was reviewed by the Planning Commission at its December 17,
1987 meeting and was tabled to allow further analysis of a roadway easement that
exists over Tracts D and E of R.L.S. No. 546 (two narrow tracts running through the
proposed Tract C of this R.L.S.) .
Staff have received an opinion (attached) from Alan Stiegler, the attorney for the
applicant, in which he states that building over the easement would be forbidden,
but that constructing parking spaces on the adjacent land and using the 40' wide
easement as a driveway would be an appropriate use of the land by Omni Tool. This
would, however, constrain the use of the purchased land in such a way that the
parking layout would be less efficient and the potential for additional building on
the site would, therefore, be reduced. The roadway easement need not be improved as
a bounded road with curb and gutter and boulevard on either side. It can simply be a
driving lane with parking adjacent to it.
It should also be noted that the roadway easement is not public right-of-way. The
City has no interest in the easement and need not enforce it. The same easement
extends over the Thompson Lumber site, but has been built over and lumber is stored
over it. No private parties have thus far sued to enforce the easement. The City
does have an interest in the utility easement extending over the same land since
there is a water line serving a hydrant on the Thompson Lumber site. Therefore, no
building could be allowed over the easement. But, the City is not bound to enforce
the roadway easement should Omni Tool wish to construct a parking lot over it.
The City Attorney's office is also researching the questions surrounding the
roadway easement and we hope to have a response from Julie Bergh by Thursday's
meeting. Barring a negative opinion from the City Attorney, the proposed R.L.S. is
basically in order and approval is recommended, subject to at least the following
conditions:
1. The final R.L.S. is subject to review and approval by the City
Engineer.
2. The final R.L.S. is subject to the provisions of Chapter 15 of the
City Ordinances.
3. The applicant shall enter into a restrictive covenant to provide a
minimum of 28 additional parking stalls on the K and K Sales site
upon a determination by the City that such additional stalls are
necessary for the proper functioning of the site. Said covenant
shall be filed with the title to the property at the County.
1-14-88
1
1
1